Letter from the New York Attorney General's Office to Judge Matsumoto (November 13, 2020) — Agudath Israel of America v. Cuomo (Dkt. 21)
Summary
A letter dated November 13, 2020 from the State of New York Office of the Attorney General to Judge Kiyo A. Matsumoto, Document 21, in Agudath Israel of America, et al. v. Cuomo, No. 20-cv-04834, in the United States District Court for the Eastern District of New York. The letter responds to the Court's Order of November 10, 2020 and states that the parties jointly request that the pre-motion conference on Governor Cuomo's proposed motion to dismiss be adjourned until after the Second Circuit issues an opinion on Plaintiffs' expedited appeal. It states that Governor Cuomo also requests, with Plaintiffs' consent, a stay of discovery pending the setting of a briefing schedule. It closes with the name of Assistant Attorney General Todd A. Spiegelman.
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“Letter from the New York Attorney General's Office to Judge Matsumoto (November 13, 2020) — Agudath Israel of America v. Cuomo (Dkt. 21).”
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Case 1:20-cv-04834-KAM-RML Document 21 Filed 11/13/20 Page 1 of 2 PageID #: 725
STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
LETITIA JAMES DIVISION OF STATE COUNSEL
ATTORNEY GENERAL LITIGATION BUREAU
Writer’s Direct Dial: (212) 416-8661
November 13, 2020
Via ECF
The Honorable Judge Kiyo A. Matsumoto
United States Courthouse
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re: Agudath Israel of America, et al. v. Cuomo, No. 20-cv-04834 (E.D.N.Y.)(KAM)(RML)
Dear Judge Matsumoto:
This Office represents Defendant Andrew M. Cuomo in his official capacity as the
Governor of the State of New York (“Governor Cuomo”) in the above-referenced action. I write
pursuant to Your Honor’s Order of November 10, 2020 directing the parties to advise the Court on
how they intend to proceed given the Second Circuit’s Order denying Plaintiffs’ motion for an
injunction pending appeal.
The parties jointly request that the pre-motion conference on Governor Cuomo’s proposed
motion to dismiss be adjourned until after the Second Circuit issues an opinion resolving Plaintiffs’
expedited appeal of this Court’s denial of Plaintiffs’ preliminary injunction motion. Pursuant to the
Second Circuit’s Order, the parties’ briefing on Plaintiffs’ appeal will be completed by December 14,
and the matter is to be calendared as early as the week of December 14. See Agudath Israel of America,
et al. v. Cuomo, No. 20-3572 (2d Cir.), Dkt. 97 (ECF No. 20). Governor Cuomo anticipates that the
appellate decision will inform the briefing on the dismissal motion. Governor Cuomo also requests,
with Plaintiffs’ consent, that the Court stay discovery pending the setting of a briefing schedule at
the pre-motion conference.
Governor Cuomo made one prior request to adjourn the pre-motion conference, which was
granted. Plaintiffs’ prior request to adjourn it until after oral argument on the expedited appeal was
implicitly denied; however, the Governor did not take a position on Plaintiffs’ request at that time.
28 LIBERTY STREET, NEW YORK, NY 10005 ● PHONE (212) 416-8661 ● WWW.AG.NY.GOV
Case 1:20-cv-04834-KAM-RML Document 21 Filed 11/13/20 Page 2 of 2 PageID #: 726
The Honorable Judge Kiyo A. Matsumoto Page 2 of 2
November 13, 2020
Thank you for Your Honor’s time and attention to this matter.
Respectfully submitted,
_______/S/__________
Todd A. Spiegelman
Assistant Attorney General
cc: All counsel of record (via ECF)
28 LIBERTY STREET, NEW YORK, NY 10005 • PHONE (212) 416-8661 • FAX (212) 416-6075 (NOT FOR SERVICE OF PAPERS)
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